32-1701

32-1701. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the state board of optometry.

2. "Conviction" means a judgment of conviction by any state or federal court of
competent jurisdiction in a criminal cause, regardless of whether an appeal is pending or
could be taken, and includes any judgment or order based on a plea of no contest.

3. "Licensee" means a person licensed to practice the profession of optometry
pursuant to this chapter.

4. "Optometrist" or "doctor of optometry" means a person who has graduated from an
accredited college of optometry.

5. "Pharmaceutical" or "pharmaceutical agent" means a prescription or
nonprescription substance or a schedule III controlled substance used for examination,
diagnosis or treatment of conditions of the human eye and its adnexa.

6. "Practice of the profession of optometry" means:

(a) The examination or refraction of the human eye and its appendages and the
employment of any objective or subjective means or methods other than surgery for the
purpose of diagnosing or treating any visual, muscular, neurological or anatomical
anomalies of the eye.

(b) The use of pharmaceutical agents authorized pursuant to this chapter.

(d) The prescribing, fitting or employment of any lens, prism, frame or mountings
for the correction or relief of or aid to the visual function, provided that superficial
foreign bodies may be removed from the eye and its appendages.

(e) The taking of smears of the human eye and its adnexa for culture analysis and
the ordering or performing of clinical tests that are appropriate to diagnose, treat or
manage conditions of the human eye and its adnexa and that are limited to those
CLIA-waived clinical tests approved pursuant to 42 Code of Federal Regulations section
493.15.

7. "Surgery" means, in reference to the human eye and its appendages, an invasive
procedure in which in vivo human tissue is cut, burned, vaporized, removed, coagulated or
photodisrupted by use of an electrical cautery, a scalpel, a cryoprobe, a laser or
ionizing radiation. Surgery does not include nonsurgical procedures including the
removal of superficial foreign bodies or eyelashes or the use of lasers for diagnostic
purposes.

8. "Unprofessional conduct" means:

(a) Wilful betrayal of a professional secret or wilful violation of a privileged
communication except as otherwise required by law.

(b) Charging a fee for services not rendered or dividing a professional fee for
patient referrals among health care providers or health care institutions or between
these providers and institutions or a contractual arrangement that has the same effect.
This subdivision does not prohibit a bona fide lease based on the revenues earned by a
licensee.

(c) Addiction to, or illegal use of, narcotic drugs or use of intoxicating
beverages to excess or practicing or attempting to practice the profession of optometry
while under the influence of intoxicating beverages or narcotic drugs.

(d) Impersonating another licensee.

(e) Knowingly having professional connection with or lending one's name to a person
who is not a licensee.

(f) Gross negligence, repeated or continuing acts of negligence or incompetence in
the practice of optometry.

(g) Any conduct or practice, including incompetency, that constitutes a danger to
the health, welfare or safety of patients or the public.

(h) Prescribing, dispensing or pretending to use any secret means, methods, device
or instrumentality.

(i) Refusing to divulge to the board on demand the means, methods, device or
instrumentality used for optometric examination or therapy.

(j) Representing that a manifestly not correctable condition can be permanently
corrected or that a correctable condition can be corrected within a stated time if this
is not accurate.

(k) Knowingly making any false or fraudulent statement, written or oral, in
connection with the practice of the profession of optometry.

(l) Failing to comply with a board order or consent agreement.

(m) Fraud, forgery, unsworn falsification, false swearing or perjury involving a
matter before the board or a written instrument submitted to the board.

(n) Wilfully and without legal justification failing to furnish in a timely manner
information that is necessary for the board to conduct an investigation under this
chapter and that has been requested or subpoenaed by the board.

(o) Conduct that discredits the profession.

(p) Sexual intimacies with a patient in the course of care or treatment.

(q) Falsely claiming attendance at a required continuing education course.